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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Is it possible to find out if someone has a residency in

Resolved Question:

is it possible to find out if someone has a residency in Ireland
1. if they have homes in other countries, how is residency decided for court?
2. is it possible to find out if someone has any assets in Ireland
Submitted: 12 months ago.
Category: Law
Expert:  Buachaill replied 12 months ago.

1. Dear Customer, there is no foolproof way of knowing is someone has residency in Ireland, other than to be aware that someone is tax resident if they spend 181 days in Ireland in one year or 280 days in Ireland in two years. This is the test applied by the Irish Revenue and tax authorities. However, be aware that someone can have more than one residency. So, it is perfectly possible for a person to be resident in Ireland and resident elsewhere.

Expert:  Buachaill replied 12 months ago.

2. The way you find out if someone in Ireland has assets is to carry out a bankruptcy search where you look at all the official sources for assets in Ireland and see if this person has any assets. This will include places such as the Property Registration Authority (Ireland's Land Registry), the public register of listed shares, Registry of Deeds, and trust register. However, you would need to examine issues such as bank accounts yourself as there is no foolproof way of finding out about bank accounts. Experian searches will quickly provide you with an idea but such institutions are limited in what information they can hand out owing to confidentiality issues.

Expert:  Buachaill replied 12 months ago.

3. Please Rate the answer as unless you RAte the answer your Expert will receive no payment for answering your question.

Customer: replied 12 months ago.
thanks you. Their income will have tax taken for all year. Even with other residencies, could a court ask for the salary and tax declaration for Ireland? Will the court do this in order to enforce, or do we have to think of ways and then ask court for these?
Customer: replied 12 months ago.
could the court ask the employers to say the bank accounts for salary? othewise we have no way to know for Ireland
Expert:  Buachaill replied 12 months ago.

4. As part of the execution process, you should seek an order for Disclosure of Assets. This is a time-honoured way for a judgment creditor to get information of a judgment debtor's assets. A court will never ask for a tax return unless there is good cause. However, it will allow a judgment debtor to be cross examined as to their assets if you believe they have assets they haven't declared.

Buachaill and other Law Specialists are ready to help you
Customer: replied 12 months ago.
thanks you but the debtor will not go to any court, i ask another question
Expert:  Buachaill replied 12 months ago.

5. Be aware as part of your order for Discovery of Assets, you can seek the documentation to back up the assets the judgment debtor discloses. In this way you can confirm their assets.